Legal Opinion
Kurcsics v. Merchants Mutual Insurance
New York Court of Appeals
Decided February 20, 1980PublishedCited by 541 opinions
1Opinion of the Court
OPINION OF THE COURT
Jasen, J.
This appeal raises a question of first impression in this court concerning the construction of the phrase "first party benefits” as used in article 18 of the Insurance Law (§§ 670-678), New York’s Comprehensive Automobile Insurance Reparations Act, which provides no-fault insurance protection to "covered persons”. Specifically, we are asked to decide whether a covered person who has sustained lost earnings in excess of $1,000 per month is entitled to recover as first-party benefits 80% of actual lost earnings with a maximum limitation of $1,000 per month, or,…
2Cases cited5 opinions
- Howard v. WymanNew York Court of Appeals · 1971
- Lederer v. Wise Shoe Co.New York Court of Appeals · 1938
- In re the Arbitration between Adams & Government Employees InsuranceAppellate Division of the Supreme Court of the State of New York · 1976
- Industrial Commissioner v. Five Corners Tavern, Inc.New York Court of Appeals · 1979
- Strain v. KechbaumNew York Supreme Court · 1975
3Cited by541 opinions
- Peckham v. CalogeroNew York Court of Appeals · 2009
- Chinese Staff & Workers Ass'n v. City of New YorkNew York Court of Appeals · 1986
- Roberts v. Tishman Speyer Properties, L.P.New York Court of Appeals · 2009
- Spagnola v. Chubb Corp.Court of Appeals for the Second Circuit · 2009
- Trump-Equitable Fifth Avenue Co. v. GliedmanNew York Court of Appeals · 1982
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